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Defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall pay 115,00 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
[Criminal Justice] On October 27, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Northern District Court on March 14, 2017, and completed the execution of the sentence at the Seoul Southern Prison on March 14, 2017, and on September 21, 2018, the Seoul Northern District Court sentenced eight months of imprisonment for a crime of fraud at the Seoul Northern District Court on September 27, 2018.
【Criminal Facts】
On December 5, 2018, the Defendant posted a false statement to the effect that “The 2019 Highest 1360,” by accessing Internet NAVV “C” car page, selling a merchandise coupon,” and that if 270,000 won is deposited to the victim D who reported and contacted, the Defendant sent 50,000 won of GS C C-Tex 50,000 won, 6 copies of the merchandise coupon.
However, in fact, at the time, the Defendant only has an image file on the Internet, but did not hold a real right to the gift, and the price for the gift right received from the victim was thought to be used for online gambling funds, and thus, even if the Defendant received money from the Defendant as the price for the gift right, there was no intention or ability to send the victim the gift certificate to the victim.
As above, the Defendant, by deceiving the victim as above, received 270,000 won from the E bank account (Account Number: F) in the name of the Defendant under the name of the victim for the gift gift rights on the same day, and received from the victims totaling 6,823,00 won from March 27, 2019, including from that time until March 27, 2019.
On January 23, 2019, the Defendant, “2019 Highest 2379,” posted a letter to the NAB “G,” and sent a false statement to the victim H who reported and contacted, thereby sending KRW 100,000 won of the mobile world merchandise coupon to the victim H.